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The Civil Legal Services (Statutory Charge) Regulations (Northern Ireland) 2015

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Unclaimed damages

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18.—(1) On or before 31st March in each year the Department shall carry over any unclaimed damages to an account of unclaimed balances (“the account”).

(2) On or before 1st June in each year the Department shall prepare a list of the names of the individuals who received funded services in respect of whom damages have been carried over to the account in accordance with paragraph (1), which shall be filed in the Department.

(3) A copy of the list referred to in paragraph (2) may be inspected at the office of the Department to which an application for civil legal services would ordinarily be made, upon prior written request, by a person claiming that they have a beneficial interest.

(4) On receipt of a written request for information concerning any damages carried over to the account in respect of which the person making the request claims to have a beneficial interest, the Department may supply such information relating to that request as it considers appropriate.

(5) For the purposes of this regulation, damages shall be treated as unclaimed if—

(i)they stand to the credit of an individual who received funded services, upon which there has been no claim for payment by any person asserting a beneficial or other interest for a continuous period of 6 years immediately before the last preceding 1st March; and

(ii)the Department is satisfied that all appropriate steps have been taken to effect payment to the person entitled to the damages.

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